Algeria

The requested person challenged an order validating his provisional arrest for extradition purposes and imposing detention pending proceedings requested by Algeria. The Italian Supreme Court held that an appeal against an extradition-related precautionary measure must be lodged within ten days from the latest notification of the order to the requested person or counsel. It found that the appeal had been filed out of time and clarified that a subsequent order correcting the legal basis of the original decision did not reopen the time limit, since correction merely makes explicit an effect already contained in the original order. The appeal was therefore declared inadmissible, without examination of the arguments concerning double criminality, the validity of the correction and flight risk.

Where the Court of Appeal has refused the surrender request and ordered the release of the requested person, any appeal lodged against the order imposing a custodial precautionary measure must be considered inadmissible due to a supervening lack of interest. However, the interest in bringing such an appeal “revives” where the appellant has personally stated—and duly substantiated—that he intends to rely on a favourable ruling for the purposes of seeking compensation for wrongful detention.